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Cabinet passes draft law on restriction of usage of tobacco products

Published on: Jun 13, 2019 9:26 PM Author: PR Service
Podgorica, Montenegro (13 June 2019) -- At today's session, the Montenegrin Cabinet passed the Draft Law on the Restriction of Usage of Tobacco Products.

In order to protect the lives and health of people, the Draft Law prescribes measures to reduce and limit the usage of tobacco and similar products, prevent harmful effects of their usage, ingredients and emissions, marking of individual and outer packages, putting tobacco products and electronic cigarettes on the market, and measures to prevent exposure to secondary tobacco smoke and to provide air free from tobacco smoke.

"Therefore, the new legal solution strictly prohibits the consumption of tobacco products in any part of the enclosed space, in which jobs are performed, inter alia, by state and local authorities and services, the space in which health, educational and cultural activities are carried out, as well as social protection, sport and recreation, trade activities, production, trade and storage of food, recording and public broadcasting of programmes, as well as in the space where public meetings take place," Minister of Health Kenan Hrapović told the press conference following the Cabinet session.

More importantly, smoking is not allowed in any room or part of it where food and drink are consumed. So, in parts of cafes, bars and restaurants serving drinks or food, smoking is strictly forbidden.

By passing this draft law, the Law on taxes on the use of tobacco products and electro-acoustic and acoustic devices in catering facilities will automatically cease to apply. This means that it will no longer be possible to pay a fee for smoking in some part of the facility. But there is a possibility of determining a special part of the space that the owner, or the user, determines EXCLUSIVELY for this purpose. In that regard, this Law clearly stipulates the conditions of isolation, area, position and equipment of that part of the space.

Appreciating the request by the Chamber of Commerce of Montenegro and organisers of games of chance, casinos, five of them, are the only exception to this rule. 

"I emphasise that the casinos have expressed willingness to pay, in addition to owning a specific ventilation appliance and air purifier, fees in the amount and in the manner determined by the Government," the Health Minister stressed.

The new law preserves the provisions from the previous legal act referring to the ban on advertising, prescribing the conditions of production, trade and labelling of tobacco products, protection of minors, etc.

For the first time, this law provides for the obligation for manufacturers and importers of tobacco products to notify the Ministry of Health, and the European Commission once Montenegro joins the European Union, on all relevant information regarding the ingredients and emissions of tobacco products and the exchange of such data, as well as the obligation to conduct studies and market research, preferences of different consumer groups, etc.

Another important novelty is that this law regulates the marketing and use of new tobacco products and electronic cigarettes. Also, according to the law, it is  forbidden to use them in a closed, that is, work or public space.

It is forbidden to add additives with characteristic flavour and aromatic substances that give smell or taste to tobacco products, which affect the smell and taste of the product, thus creating an illusion that the tobacco product is less detrimental to health.

Minister Hrapović said that considering the risks of consuming tobacco products, he expects the full and consistent application of this law. Supervision over the enforcement of the law will be exercised by the Ministry, while the tasks of inspection supervision will be carried out by the Inspection Directorate through health, sanitary, market and tourist inspectors, he added.

"I believe that the application of this law is of national interest in reducing illnesses of our citizens and I expect the support of the media for its full enforcement," Minister Hrapović concluded.
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